Court representation

Even if you have to go to court, you do not do necessarily need a solicitor: you can appear as an unrepresented “litigant in person”.  Of course, if you do so, the judge and other lawyers will still expect you to have at least some grasp of court procedure and how to conduct your case. You can indeed find the basics of this process outlined on the web.

But the key word here is “basics”. Mastering the intricacies of family law takes years of study and even more years in practice. Without legal training you are bound to make mistakes and likely to fare badly against any experienced barristers or lawyers who may be representing your opponent. Some judges are patient and will take the time during hearings to explain legal procedures and issues to confused litigants in person, despite the pressure of backlogs and timetables: but you cannot rely on such kindness.

Online divorce

A similar principle applies to divorce. The recently introduced online divorce system was designed to make the process a largely bureaucratic, form-filling affair. If your assets are limited and you and your spouse agree on the fundamentals, then no, you do not need a solicitor to end your marriage.

But what if there are any complicating factors? What if, for example:

• You or your spouse have assets or debts?
• You share children together?
• You signed a pre-nuptial agreement limiting your financial rights?
• You are struggling to agree on the details of a settlement?
• You believe your estranged spouse is not being honest and is attempting to conceal significant issues or assets?

Then professional legal advice becomes a worthwhile investment that will – in almost all instances – pay for itself in due course. An expert family lawyer will ensure that every eventuality is considered and that your interests are fully protected. If you were the less wealthy spouse, for example, a lawyer will help to ensure you get the settlement to which you are entitled under the law, even if your former partner chooses to be uncooperative or difficult. And if you were the wealthier party? Then your solicitor will work to protect your assets by limiting as much as possible the payments you will need to make, and by working to reach a full and final settlement with your former partner. They will cross every t and dot every I to ensure your ex cannot return to court in the future to make additional claims on your wealth.

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McKenzie Friends provide assistance to ‘litigants in person’: people who are involved in legal disputes but who have no legal representation, normally because they cannot afford a lawyer. Most Friends are not legally qualified so cannot provide legal guidance: instead they offer advice and suggestions in court, helping the litigant to conduct their case. Some charge fees while others work on a pro bono basis.

The term ‘McKenzie Friends’ dates back to a 1970 case in which a British man called Levine McKenzie received informal advice from a barrister during his divorce.

Researchers from Birmingham City University and Leeds Law School looked at advice given online by McKenzie Friends. They assessed 170 threads on Facebook, along with additional posts on other platforms. They found Friends advising litigants to disregard any formal legal advice they may have received. They insisted all family courts were unfair and “gender-biased” and the legal system was a “disgrace”. Social services were “incompetent” the Friends insisted, and all but one description of individual judges uncovered by the researchers were negative in tone.

Researcher Dr Tatiana Tkacukova said:

“…the unregulated environment online means that our research found several instances of worrying, biased and misleading advice. The negative portrayals of the courts and social services, alongside the advice to ignore specialised legal advice show a worrying trend towards personal viewpoints and agendas clouding impartial and objective support.”

She added:

“To help protect the many vulnerable people in these cases, we need to see a move towards a more regulated environment with increased transparency to make sure that people know the information they are accessing and the legal qualifications of those advising them.”

Read the full report here.

Image by GotCredit via Flickr (Creative Commons)

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Sir Andrew McFarlane, President of the Family Division of the High Court, recently told a conference staged by the charity Support Through Court that he wanted “to invite each of the main private client family law firms and barristers’ chambers to consider making a modest annual contribution” to ensure its continuing financial viability.

Formerly known as the Legal Support Unit, Support Through Court provides a range of free support services for people involved in legal action who are unable to afford professional representation. Such people known within the court system as ‘litigants in person’.

Support Through Court recently confirmed reports that it plans to close four centres – at courts in London, Southampton, Bournemouth and Preston. It will remain available at 18 other courts.

The charity currently receives funding from the Ministry of Justice. It provided assistance on over 75,000 occasions in the 12 months to March, and reports that demand has risen steadily over each of the last four years.

Image by Howard Lake via Flickr (Creative Commons)

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